IPRs can be granted to undertakers of national S&T plan programs

The new Law on Science and Technology Progress to enter into force on July 1 makes such new prescription on S&T talents' technology innovation as except those involving national security, national interest and major public interests, invention patent rights, computer software copyrights, exclusive rights of layout-design of integrated circuits and new plant varieties derived from the S&T fund programs or S&T plan programs supported by public finance can be granted to the undertakers of the programs in accordance with law.

According to the Patent Law, the Copyright Law and other relevant laws, an invention-creation or a work, made by a person in execution of the tasks of the entity to which he belongs, or made by him mainly by using the material and technical means of the entity is a service invention-creation or a service work. For a service invention-creation, the right to apply for a patent belongs to the entity. For a service work, the copyright belongs to the entity.

The undertaker acquiring intellectual property right on the basis of the new Law on Science and Technology Progress shall implement the IPR in compliance with law, adopt protective measures and file annual reports on implementation and protection to the program administrative departments; besides, if the IPR is not implemented within a reasonable period of time, the state could implement it for free or permit others to implement it with charge or for free.

The state could implement the IPR for free or permit others to implement it with charge or for free to comply with the requirements of national security, national interests and important public interests. [Chinese version is available on Xinhua]